Supreme Court of Colorado January 15, 1904, No. 4366 (Farmers' High Line Canal & Reservoir Co. v. White)

Chief Justice Campbell

delivered the opinion of the court.

In 1860 the Golden canal was constructed to divert the water of Clear Creek with which to irrigate agricultural lands. In 1872 the structure was enlarged to carry an additional supply. In 1884, in *116statutory proceedings brought for that purpose in the appropriate court, a first priority was awarded the canal for 39.